Four Republican attorneys general have sued to exclude undocumented immigrants and temporary residents from the census count used for congressional apportionment, aligning with efforts by President Donald Trump, who signed an executive order Monday rescinding a Biden-era directive.
During his first term, Trump attempted to exclude undocumented individuals from the 2020 census apportionment numbers, but the Supreme Court blocked his efforts to include a citizenship question, calling the rationale “contrived.” The lawsuit claims states like Ohio and West Virginia unfairly lost congressional seats and Electoral College votes due to the inclusion of undocumented immigrants.
The 14th Amendment mandates counting the “whole number of persons” in each state, guiding the distribution of $2.8 trillion in federal funds and the allocation of seats in Congress. Opponents argue excluding undocumented immigrants would lead to inaccurate counts and hurt funding for states with large immigrant populations.
Projections show states with Democratic majorities, such as California, New York, and Illinois, are most likely to lose seats after the 2030 census. Critics also warn of potential politicization of the Census Bureau under Trump’s leadership, including changes to race and ethnicity questions and removing questions on sexual orientation and gender identity.
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